Term and Definition of the Microcensus
Der Microcensus is a legally regulated official statistic for collecting structural characteristics of the population, employment, families and households, as well as housing conditions in Germany. It is a sample survey, whose implementation, scope, and modalities are defined in the Microcensus Act (MZG). The purpose of the Microcensus is to continuously obtain representative data on the social and economic situation of the population in order to provide state and societal actors with a sound basis for decision-making.
Legal Basis of the Microcensus
Microcensus Act (MZG)
The key regulatory framework for the Microcensus is the Microcensus Act, also called the Microcensus Act (MZG). It specifies the obligation to provide information, data protection provisions, selection procedures for households to be surveyed, as well as the purposes and confidentiality requirements for data processing. The MZG is supplemented by subordinate legal ordinances, particularly the Microcensus Implementation Ordinance.
Integration into the Federal Statistics Act
The Microcensus is an official federal statistic within the meaning of the Federal Statistics Act (BStatG). The general provisions of the BStatG, particularly regarding statistical confidentiality, data protection, and the duty to provide information, are applicable to the Microcensus.
Purpose and Character of the Survey
Statistical Objective
The Microcensus serves to provide detailed and ongoing statistical information on population structure, employment, unemployment, education, income, migration, family circumstances, and housing conditions in the Federal Republic of Germany. The results of the Microcensus are an indispensable basis for legislation, economic, social and educational policy, as well as for academic analyses and international reporting obligations (e.g., to the European Union).
Sampling Method
The Microcensus is conducted annually in about one percent of all households in Germany. This rotational sampling method makes it possible to link consecutive data collections and to illustrate developments over time. The households are selected at random based on official registers.
Duties and Rights of the Respondents
Obligation to Provide Information
A central element of the Microcensus is the legally established Obligation to Provide Information. The households concerned are obliged to provide the requested information truthfully. This applies to most of the characteristics surveyed; exceptions to the obligation to provide information (e.g., for particularly sensitive data) are explicitly regulated in the Microcensus Act.
Sanctions and Administrative Offenses
Failure to comply with the obligation to provide information can be punished as an administrative offense. According to the BStatG and the MZG, fines are imposed if required information is omitted despite a request, or if incorrect information is provided intentionally or negligently.
Data Protection and Confidentiality
Confidentiality of Information
All individual data collected are subject to strict statistical confidentiality. Identification of individual respondents or households to external parties is excluded. The data collected may only be used for statistical purposes and may not be transmitted to other entities, especially not to other authorities (such as the tax office or social benefit agencies).
Data Protection Regulations
Data processing within the scope of the Microcensus is carried out in accordance with the General Data Protection Regulation (GDPR) as well as supplementary national data protection laws. Personal data are pseudonymized and, after completion of analysis, anonymized or deleted.
Conduct of the Microcensus
Survey Methodology
Types of Interviews
The survey is regularly conducted as a personal interview or in writing, and increasingly also via online questionnaire. As a rule, households are contacted on-site by interviewers from the official statistics office.
Rotation System
A special feature is the rotation principle: The selected households participate once a year over four years in the survey, enabling the measurement of temporal developments within the same households.
Survey Characteristics
Among the most important survey characteristics are information on:
- Age structure and gender
- Nationality and migration background
- Education and level of training
- Employment status and occupation
- Income
- Marital status and household structure
- Housing conditions and living space
Legal Control and Evaluation
The implementation of the Microcensus is subject to regular monitoring and evaluation by the Statistical Offices of the Federation and the Länder. Data collection and processing are also supervised by independent data protection supervisory authorities.
Legal Consequences of the Microcensus
Use of Microcensus Data
The results of the Microcensus constitute a legally assured basis, for example, for the allocation of financial resources or the planning of public infrastructure. Publication takes place in anonymized form and is accessible to the general public and to a wide range of user groups.
Legal Remedies
Various legal remedies are available in connection with participation in the Microcensus. Individuals can lodge objections regarding the processing of their data with the data protection authorities. In addition, affected persons may, under certain circumstances, take administrative legal action against administrative notices in administrative offense proceedings.
Classification and Significance in the Legal System
The Microcensus is an integral part of German statistics law. It fulfils important functions for administration, politics, science, and society. Its implementation and processing are subject to strict legal requirements that ensure both the public interest in reliable data and the protection of privacy and informational self-determination.
Summary: The Microcensus is an official nationwide annual survey based on a legally regulated duty to provide information. Its comprehensive legal foundations in the Microcensus Act, the Federal Statistics Act, and data protection law ensure, on the one hand, the fulfilment of statistical tasks and, on the other, the protection of personal data. The data collected and published make an essential contribution to policy, administration, and science in Germany.
Frequently Asked Questions
What are the legal bases governing the conduct of the Microcensus in Germany?
The conduct of the Microcensus in Germany is explicitly regulated by the Microcensus Act (§§ 1 et seq. MikroZG). In addition, nationally relevant provisions such as the Federal Statistics Act (BStatG) and relevant EU regulations apply, for example Regulation (EU) 2019/1700 on European statistics on population and housing conditions. The Microcensus Act stipulates who is surveyed, how the sample is drawn, and what data may be collected. It also specifies the rights and obligations of respondents and the tasks of the statistical offices. Data protection provisions from the GDPR and the BDSG also apply, particularly regarding the transmission, storage, and deletion of personal data.
What information obligations exist in the Microcensus under German law?
The obligation to provide information is regulated in the Microcensus Act (§§ 2, 7 MikroZG) and in the Federal Statistics Act (§ 15 BStatG). Accordingly, households selected for the sample are required to provide the information specified in the questionnaire completely and truthfully. A distinction is made between mandatory and voluntary questions, which are clearly marked in the survey form. The obligation to provide information applies to all persons living in private households from the age of 15. In the event of a breach of this obligation, coercive fines and, where applicable, administrative fines may be imposed by the competent authorities under § 15 BStatG and § 11 MikroZG.
To what extent is data protection legally ensured in the Microcensus?
The Microcensus is subject to strict statutory data protection requirements. The processing of all personal data is governed in particular by the provisions of the GDPR and the Federal Data Protection Act. In addition, the Microcensus Act stipulates that collected data must be anonymized and used exclusively for statistical purposes. The transmission of data to other authorities or third parties is prohibited by law or only permitted in exceptional cases, such as in aggregated, anonymized format. The data collected must be deleted or anonymized after analysis is complete and after the expiry of specified retention periods, so that re-identification is excluded.
What sanctions are imposed for refusing to provide information in the Microcensus?
The Microcensus Act in conjunction with the Federal Statistics Act provides for sanctions in case of violations of the duty to provide information. Willful or negligent refusal to provide information may be subject to coercive fines (§ 11 MikroZG, § 15 BStatG). The amount is determined at the discretion of the competent authority and may be increased in the event of repetition. Serious violations of the obligation to cooperate may also be punished with a fine of up to several thousand euros. In addition, the survey offices reserve the right to take other enforcement measures via administrative procedure. However, criminal prosecution is not envisaged, as violations are classified as administrative offenses.
May particularly sensitive data also be collected as part of the Microcensus, and how is this regulated by law?
Yes, particularly sensitive personal data (e.g., information on religion or nationality) may also be collected as part of the Microcensus. This is expressly established by law and subject to stricter data protection requirements pursuant to Art. 9 GDPR. The collection of such data is carried out, where stipulated in the Microcensus Act, in principle on a voluntary basis and must be identified as such in the survey form. Its use is limited to official statistical purposes; disclosure or individual evaluation is expressly prohibited by law. Additional protective mechanisms (e.g., special anonymization procedures) are mandatory for this category of data.
How long may data collected in the Microcensus be retained?
The retention of data obtained in the Microcensus is strictly time-limited. Pursuant to § 16 MikroZG in conjunction with the provisions of the BStatG and the GDPR, personal data may be stored only as long as required for the fulfilment of statutory tasks. After completion of the analysis or, at the latest, after four years, the data must be deleted or anonymized, so that identification of individuals is excluded. Long-term storage requires a specific statutory basis, which does not exist for the Microcensus.
To what extent may Microcensus results be published?
The publication of Microcensus results is exclusively in anonymized, aggregated form. Identification of individual respondents or households is prohibited by law according to § 16 MikroZG and § 21 BStatG. Publications include only statistical analyses (e.g., at state or federal level) and do not allow any conclusions to be drawn about individuals. Data sharing with authorities or other institutions is also limited to aggregated data; individual exploitation is legally excluded. Violations of these provisions are treated as data protection breaches and may result in appropriate sanctions.
